City Council — 2017-04-24

City Council Regular Meeting

This meeting starts at 17:53 in a recording that covers several meetings.

Attendance

Robert A. Boisselle present · Ward 4 Alderman; Donald L. Conn Jr. present · President, Alderman at Large; Scott M. Forbes present · Ward 7 Alderman; Gail Infurna absent · Ward 5 Alderman; Jennifer L. Lemmerman present · Ward 2 Alderman; Mary Beth McAteer-Margolis absent · Alderman at Large; Monica C. Medeiros present · Alderman at Large; Peter D. Mortimer present · Ward 6 Alderman; John N. Tramontozzi present · Ward 1 Alderman; Francis X. Wright Jr. present · Ward 3 Alderman; Michael P. Zwirko present · Alderman at Large

Agenda

Minutes

CITY OF MELROSE BOARD OF ALDERMEN BULLETIN● APRIL 24, 2017 Aldermanic Chamber, Melrose City Hall Regular Meeting 7:45 PM 562 Main Street, Melrose, MA 02176

ORDER-2017-125 Opening Statement Regular Meeting of the Board of Aldermen to be held on Monday, April 24, 2017 at 7:45 P.M. in the Aldermanic Chamber, City Hall, Melrose, MA Attendee Name Title Status Arrived Robert A. Boisselle Ward 4 Alderman Present Scott M. Forbes Ward 7 Alderman Present Gail M. Infurna Ward 5 Alderman Absent Jennifer L. Lemmerman Ward 2 Alderman Present Mary Beth McAteer-Margolis Alderman at Large Absent Monica C. Medeiros Alderman at Large Present Peter D. Mortimer Ward 6 Alderman Present John N. Tramontozzi Ward 1 Alderman Present Francis X. Wright Jr. Ward 3 Alderman Present Michael P. Zwirko Alderman at Large Present Donald L. Conn Jr. President, Alderman at Large Present

ORDER-2017-126 Establishment of Fund Establishment of a Park Revolving Account. Assigned to Committee Finance Committee

ORDER-2017-127 Appropriation An appropriation in the amount of $9,637.10 from Parking receipts (029062- 590000) to various accounts as set forth within for costs associated with the new parking program. Assigned to Committee Finance Committee

ORDER-2017-128 Administrative Order Amending Part I, Section 19.01 of the Administrative Code in accordance with Section 5-1 of the Melrose City Charter to increase the membership of the Commission on Women in the City of Melrose from seven members to nine members. Tabled Board of Aldermen

ORDER-2017-129 Amending Revised Zoning Ordinances City of Melrose Page 1 6/1/2017 4:06 PM Minutes Board of Aldermen April 24, 2017 Amend the Revised Zoning Ordinances, Chapter 235 for Registered Marijuana Dispensary Regulations as set forth herein Assigned to Committee Appropriations Committee

ORDER-2017-130 Amending Revised Zoning Ordinances Amend Revised Zoning Ordinances, Chapter 235, Sections 235-5 and 235-16.2 to Enact a Temporary Moratorium on Recreational Marijuana Establishments as set forth herein. Assigned to Committee Appropriations Committee

ORDER-2017-115 Proclamation Proclaiming Melrose a Purple Heart City and Designating It as a Purple Heart Trail Tabled Board of Aldermen

ORDER-2017-131 Amending Rules of Order of the Board of Aldermen Amending the Rules of Order of the Melrose Board of Aldermen by adopting Rule 54 (filling vacancy in the position of City Clerk or Clerk of Committees) submitted herewith. Assigned to Committee Legal & Legislative Committee

ORDER-2017-122 Transfer Transfer of $14,000.00 from City Clerk and Election Accounts to City Clerk – Salaries & Wages as set forth herein. Passed

ORDER-2017-124 Home Rule Petition/Special Act Petition to the Great and General Court to enact a Special Act: “An Act Authorizing the City of Melrose to allow the Installation of Secondary Water Meters in Two-Family, Owner Occupied Residential Properties”. No Action Taken Board of Aldermen

ORDER-2017-119 Establishment of Fund Acceptance of FY16 Emergency Management Performance Grant in the amount of $6,460.00 - Fund # 2469 Passed

ORDER-2017-118 Acceptance City of Melrose Page 2 6/1/2017 4:06 PM Minutes Board of Aldermen April 24, 2017 Acceptance of a donation from Cummings Property in the amount of $1,000.00 - Fund # 2889 Passed

ORDER-2017-117 Appropriation An Appropriation from Free Cash 01-324001 in the amount of $1,160,700 to various accounts as set forth within. Passed

ORDER-2017-116 Appropriation Appropriation in the amount of $22,020.82 From Account #620000-319000 (Mt Hood Retained Earnings) to Account #620000-529000 (Mt Hood Professional Services). This appropriation is necessary to fulfill contract obligations. Passed

ORDER-2017-121 Acceptance Acceptance of CZM Grant in the amount of Six Thousand, Seven Hundred Dollars ($6,700) from the Commonwealth of Massachusetts office of Coastal Zone Management (CZM). Said funds to be deposited into Fund Number 4028, CMZ Grant. Passed

ORDER-2017-120 Acceptance Acceptance of Complete Streets Grant in the amount of Forty Nine Thousand, Seven Hundred and Eighty Two Dollars and Twenty Three Cents ($49,782.23) from the Commonwealth of Massachusetts Department of Transportation (MassDOT). Said funds to be deposited into Fund Number 4027, Complete Streets. Passed

ORDER-2017-123 Transfer A Transfer of funds in the amount of $637,366.19 from various accounts to various accounts as set forth within. Of these funds $610,000 will be used to cover the snow and ice deficit and the remaining $27,366.19 will be used to cover departmental salary adjustments and Police Department expenses. Passed City of Melrose Page 3 6/1/2017 4:06 PM

Transcript

▶ 17:53 It's approximately 7.45 in the evening by my reckoning. My name is Donald Kahn. This is the regular meeting of the Melrose Board of Aldermen. Ms. O'Shea, could you call the roll, please? Alderman Boisselle. Here. Here. Alderman Forbes. Here. Here. Alderman Inferna. Alderman Lemmerman. Here. Here. Alderman McAteer-Margolis. Alderman Medeiros. Here. Here. Alderman Mortimer. Here. Here. Alderman Tramontozzi. Here. Here. Alderman Wright. Here. Here. Alderman Zwirko. I pledge allegiance to the flag, the United States of America, and to the republic for which it stands, one nation, under God, indivisible, with liberty and justice for all. Mr. President, I make a motion to open the floor for public participation.

▶ 18:47 Second. Second, Mortimer moves that we commence public participation. The motion is seconded by Alderman Boisselle. this is the point in time where any member of the general public may address us relative to any order that is on our agenda for the evening on the motion all those in favor aye aye anyone opposed motion passes sir could you identify yourself please my name is jerry morose i reside at 62 mount vernon street i had to look at the paper to figure that out um anyway i'm here to talk about order 2017-124 and i know you just had a conversation about it in the prior committee meeting but a couple points i think i'd like to make um the mass general laws are already in chapter 186 section 22 provides that landlords can sub-meter if they have a primary meter from

▶ 19:38 Francis X. Wright Jr.: the city they can right now sub-meter as long as they divide up the buildings appropriately and do the right certification that they can actually then build tenants for the use of their water separately we don't need to actually have a second city meter in the home to be able to do that the problem we have here why okay so chapter 186 section 22 you don't believe you don't you said wrong so okay let's well but he's saying wrong but okay but this is it talks about sub metering dwelling units in in mr president if i may yeah okay if he's going to direct the question to me me i'll be happy to answer it yes you can sub meter but when you sub meter everything's being built through one meter right therefore two units in a two family or two unit building

▶ 20:27 is going to be in a situation where you're more likely to reach tier two or tier three my point exactly that's where i'll go with this okay so i'll finish i'll finish that you said wrong so why don't we proceed with public participation please okay so as i was saying chapter 186 section 22 provides that a landlord can sub meter a building and provide separate bills from the landlord to those tenants that Thorp still one meter from the city in the building that's what i was establishing originally and that promulgates through 105 cmr 410.354 i think it is that the the regulations around that having established that now the issue we have at hand here is that the city of Melrose has this tiered

▶ 21:15 water rate that causes so many problems downstream downstream from tearing the water rate that's why we have condominiums up in arms paying way too much money it's why we have two family owner-occupied buildings wanting to do these things to try to get around the craziness that all flows from this tiered water rate I've established here for a number of years that the tiered water rate isn't defensible there is not a conservation benefit to it has been claimed Thorp no fairness issue that we have to somehow penalize families they have more people in them we don't need to penalize condominiums because they use more water in and basically this order would be completely unnecessary if we didn't have the tiered water rate structure that we have now and that only

▶ 22:13 started i'll point out just several years ago we never had it prior to that so my contention is that if we were to take a step back to a rational water rate and sewer rate structure that didn't bring up a non-issue in terms of cost to the city or anything else about a tiered water rate structure, that would be the simple thing. Instead, for the last three or four years here, all we've done is talk about trying to mitigate the damage of this tiered water rate system. At the water and sewer committee meetings, the condominiums, the apartment buildings, they all come in because it's all causing everybody a problem if the board would simply take a step back from the tiered water rate this isn't an issue

▶ 23:08 landlords can then sub meter their properties and be able to pass through the actual costs without trying to say well you know you know well because of the tiered rate it's more money and so how do we build that to the to the tenants it may be unintended consequences from the board's point of view of what's happened here but frankly there is rational defensible appropriate fair equitable system of applying water rates and that would be with a flat rate structure it also complies contrary to some other people that that imply that somehow it's illegal based on mass general laws that that says that you can't have a decreasing rate block structure you need to have an increasing rate block structure that fairly reflects the resource demand and the

▶ 24:02 truth is that nobody here in all the years and all your consultants has ever expressed any resource demand that cost the city more money for a higher user of water and I have certainly asserted and I think forth the proof of it the data that shows that higher water users of Melrose are already paying more than what would be by most measures their fair share of the water system because since we don't have high base rates the volumetric flow of water how we bill from basically applies to a lot of the capital improvement of the system and the fact is that the higher users are paying more than their proportionate share by unit or by structure, then they would be paying, if we had, I might have misspoken there, but they're paying more than their proportionate share by virtue of

▶ 25:02 using a high volume of water. So instead of going through more contortions to try to mitigate the harms of the tiered rate structure, it would be so simple. It would be a breath of fresh air to have a flat water rate structure, a flat sewer rate structure. Let people have their second meters if they want it. Let's do the 90 percent or 95 percent of the water use for the sewer use if you want. But there are historical metrics of water rates and water use that we can use would scale everything back you'd be calmer about it i'd be calmer about it and we could get back to some to actually talking about the real issues in the water and sewer system which are the fact that more than half of the sewerage we give to mwra did not pass through anybody's house in melrose

▶ 26:01 those are the issues that need attention so i'd rather much rather the water and sewer committee worry about that than worry about whether we're going to have a landlord be able to put a second city meter in their home and under what circumstances how you make that work and everything else and you know i i have to apologize i missed the conversation in your committee meeting but i am a little bit puzzled maybe somebody can can inform me about this that i know the the property down at oak grove oak grove village apartments down there my understanding was that you know that those are units those are rentals they certainly went and actually had the city installed at a large cost to them meters for the units down there was my understanding of what they

▶ 26:47 did a few years ago and i can't imagine how they could do it there but the owner of a of a two family dwelling couldn't do it for the two families in that dwelling maybe i'm missing something there certainly um um you know i don't know all the issues about everything but it seems to me that if you can do it for a few hundred units why you can't do it for two again maybe Thorp some some specific thing i don't know about but to recap we could even this year whether the water and sewer committee brings it to the board or not the board in using the rate model spreadsheet that we got from raftelis woodcock last year we could actually calculate a fair reasonable effective water and and sewer rate and frankly we could if we go back to the city's fiscal year as

▶ 27:41 a July 1st the time to change it that would be an appropriate time to change it as well it doesn't have to be contentious we can make certain we receive the revenues from our water and sewer system that we need but more importantly we can take the all the headaches out of that process and put the headaches into paying attention to reducing the huge expenses in our water and sewer system that make us i think i saw the last the last data that i saw maybe i think maybe we're third in the mwra third worst in the mwra section second to chelsea and malden i think currently according to the uh how leaky our sewer pipes are so thank you for your time um i don't know if the water and sewer committee is going to take that issue up at the meeting tomorrow it um but i think the board

▶ 28:35 could take a step back and actually say to the water and sewer committee why don't you offer what what flat rate would be and then we don't have to worry about all these cascading issues that that are that are so troublesome for so many people in melrose and that make things way more complicated than it ever needs to be thank you so much thank you sir motion to close public participation mr president second yes since it appears that we don't have anyone else in the audience wishing to speak alderman mortimer is moving to close public participation the motion is seconded by alderman Boisselle on the motion all those in favor anyone opposed motion passes public participation for this evening is concluded our meeting tonight as with all of our meetings is

▶ 29:16 being recorded by mmtv will be rebroadcast on television in accordance with the massachusetts up and meeting off mr president i have on my desk the minutes of our meetings from february 21st march 6th and april 3rd i move that they be accepted into the record without reading second alderman mortimer moves that we accept the written minutes of those three meetings without reading the motion has been seconded by alderman boycelle is there any discussion relative to the motion all those in favor aye aye anyone opposed motion passes okay if we could move on to communications from his honor the mayor and other city officials please order number 2017-126 establishment of a park revolving account that order will be referred to the committee on finance

▶ 30:10 Order number 2017-127, an appropriation in the amount of $9,637.10 from parking receipts, account number 029062-590000, to various accounts as set forth within for costs associated with the new parking program. That order will also be referred to the Committee on Finance. Order number 2017-128, amending Part 1, Section 19.01 of the Administrative Code in accordance with Section 5-1 of the Melrose City Charter to increase the membership of the Commission on Women in the City of Melrose from seven members to nine. Mr. President, I request immediate consideration for the purpose of laying this order on the table. Alderman Mortimer asks for immediate consideration of order 2017-128. Is there an objection to immediate consideration?

▶ 31:12 There is not. Mr. President, I make a motion to suspend the applicable rules. Alderman Mortimer moves to suspend the rules. Second. Alderman Forbes seconds the motion. On the motion to suspend, is there any discussion? All those in favor? Aye. Aye. Anyone opposed? Motion passes. Mr. President, I make a motion to lay this order on the table. Alderman Mortimer moves to lay this order on the table. Second the motion. Motion is seconded by Alderman Forbes. Motion to table is non-debatable. All those in favor of the motion please indicate by saying aye. Aye. Anyone opposed? That order will be laid on the table. Order number 2017-129, amend the revised zoning ordinances, chapter 235 for registered marijuana dispensary regulations as set forth herein.

▶ 32:05 Peter D. Mortimer: Mr. President, I request immediate consideration for the purpose of setting a public hearing. Alderman Mortimer asks for immediate consideration of order 2017-129. Is there an objection? There is not. Mr. President, as we are under suspension still, I would make a motion that we schedule a joint public hearing with the planning board for Thursday, June 1st, 2017 at 8 PM in the Appropriations Committee. Alderman Mortimer moves that as we are required by chapter 48 that we schedule a public hearing joint with the planning board relative to this order on June 1st, 2017. Second. Motion is seconded by Alderman Medeiros. Is there any discussion relative to the motion? All those in favor of the motion, please indicate by saying aye.

▶ 32:57 Aye. Anyone opposed? Motion passes. The order will be set for that date and time. I'm sorry, and the balance of the order will be referred to the Committee on Appropriations. Order number 2017-130, amend revised zoning ordinances chapter 235, sections 235-5 and 235-16.2 to enact a temporary moratorium on recreational marijuana establishments as set forth herein. Mr. President, I request immediate consideration on this order. Alderman Mortimer moves for immediate consideration of order 2017-130. Is there an objection? There is not. Mr. President, as we are still under suspension, I make a motion that we schedule a joint public hearing with the planning board for Thursday, June 1st, 2017 at 8 PM in the Appropriations Committee.

▶ 33:58 Second. Alderman Mortimer moves that we convene a public hearing joint with the Planning Board on June 1st, 2017. The motion is seconded by Alderman Boisselle. Is there any discussion relative to the motion? There is not. All those in favor of the motion please indicate by saying aye. Aye. Anyone opposed? Motion passes. The public hearing will be scheduled for that date and time. The order will be sent along to the Committee on Appropriations. number 2017-1 15 proclaiming Melrose a Purple Heart City and designating it as a Purple Heart Trail mr. president I make a motion to remove this order from the table second Alderman Mortimer moves to remove the order from the table the motion is seconded by Alderman Medeiros is the discussion relative to the

▶ 34:48 motion all those in favor of the motion please indicate by saying aye anyone opposed motion passes mr. president as there are some procedural entanglements on this order i make a motion to return this order to the table second alderman mortimer moves to return the order to the table the motion is seconded by alderman medeiros on the motion all those in favor aye anyone opposed motion passes the order will be returned to the table if we could proceed to new business please order number 2017-131 amending the rules of order of the melrose board of aldermen by adopting rule 54 filling vacancy in the position of city clerk or clerk of committees submitted herewith this order will go to the committee on legal and legislative

▶ 35:36 matters we have any orders out of order this evening we have any orders from committee alderman forbes yes mr president i'd like to pull order number 2017-122 from committee transfer fourteen thousand dollars from city clerk and election accounts the city clerk and salaries and wages are set for herein second the motion to remove the order from committee Thorp a motion that's been made and duly seconded to remove order 217-122 from committee is there any discussion on the motion all those in favor of the motion please actually uh all those in favor of the motion please indicate by saying aye aye aye anyone opposed orders before you do we have discussion relative to the order so she could you call the roll please

▶ 36:33 alderman brazel yes yes alderman forbes yes yes alderman lemmerman yes yes alderman medeiros yes yes salomon mortimer yes yes salomon tramitosi yes yes alderman wright yes yes alderman Zwirko yes yes president khan yes yes nine years that order passes are there any other orders from committee this evening do we have any reports pursuant to rule 53 from alderman who are members of outside committee alderman forbes yes thank you mr president i just want to let you every everybody from the general public know there was a water and sewer committee that was scheduled for tomorrow at 2 p.m due to logistics problems with pretty much anybody in that committee that meeting has been moved to thursday at 3 30 p.m okay thank you waldman forbes anyone else

▶ 37:31 Michael P. Zwirko: husband's work oh thank you mr president uh the charter review commission will have its final meeting uh wednesday april 26th in the basement conference room we will be finishing up the work of the commission on the review uh charter committee so uh looking forward to that and that meeting will take place at 7 30 p.m wednesday april 26th in the basement conference room thank you waldman anyone else if we could proceed to the calendar Order number 2017-119, acceptance of fiscal year 16 emergency movement performance grant in the amount of $6,460, fund number 2469. This order was recommended by the Protection and License Committee. Motion for passage, Mr. President. Second. Alderman Mortimer moves for passage.

▶ 38:21 Motion is seconded by Alderman Forbes. Is there discussion relative to the order? Associate, could you call the roll, please? alderman brazel yes yes alderman forbes yes yes alderman lemmerman yes yes alderman medeiros yes yes alderman mortimer yes yes alderman Tramontozzi yes yes alderman wright yes yes alderman Zwirko yes yes president khan yes yes nine years that quarter passes order number 2017-118 acceptance of a donation from cummings property in the amount of one thousand dollars to fund number 2889 this order was also recommended for passage in the protection and license committee motion for passage mr president second alderman mortimer moves for passage motion is seconded by alderman

▶ 39:11 Boisselle is their discussion relative to the order all those in favor of the passage of order 2017-118 please indicate by saying aye anyone opposed that order passes order number 2017-117 an appropriation from free cash zero one dash three two four zero zero one in the amount of one million one hundred sixty thousand seven hundred dollars to various accounts as set forth within this order was recommended by the appropriations committee motion for passage mr president second alderman mortimer moves for passage the motion is seconded by alderman Boisselle is there any discussion relative to the order would you call the role please alderman Boisselle yes he is solomon forbes yes he is solomon lemmerman yes yes alderman medeiros yes yes

▶ 40:07 alderman mortimer yes yes alderman Tramontozzi yes yes alderman wright yes yes alderman Zwirko yes yes president khan yes yes nine yes that order passes order number 2017-116 appropriation in the amount of twenty two thousand twenty dollars and eighty two cents from account number six two zero zero zero zero dash three one nine zero zero zero mount hood retained earnings to account number six two zero zero zero zero dash five two nine zero zero zero mount hood professional services this appropriation is necessary to fulfill contract obligations this order also comes with a recommendation for passage from the Appropriations Committee motion for passage mr. president second alderman Mortimer moves for passage of the order the motion is seconded by alderman

▶ 41:03 Boisselle is their discussion relative to the motion call the roll please holland basel yes yes holland forbes yes yes holland lemmerman yes yes holland madaris yes here's holland mortimer yes here's holland tremor tozy yes yes holland wright yes yes holland zirko yes yes president khan yes yes nine years that order passes order number 2017-121 acceptance of czm grant in the amount of six thousand seven hundred dollars from the the commonwealth of massachusetts office of coastal zone management said funds to be deposited into fund number 4028 czm grant this order also comes from the appropriations committee with a recommendation for passage motion for passage mr president second alderman mortimer moves for

▶ 41:56 passage of the order the motion is seconded by alderman porcel is there any discussion relative to the order if you call the roll please alderman brazel yes yes alderman forbes yes yes alderman lemmerman yes yes alderman medeiros yes yes alderman mortimer yes yes yes alderman Rita yes yes alderman Zwirko yes he is president Conn yes yes nine years that order passes Mr. Alderman, pass the passage. Order number 2017-120, acceptance of complete streets grant in the amount of $49,782.23 from the Commonwealth of Massachusetts Department of Transportation, said funds to be deposited into fund number 4027, complete streets. This order was also recommended by the Committee on Appropriations. Motion for passage, Mr. President.

▶ 42:52 Second. Alderman Mortimer moves the passage of the order. The motion is seconded by Alderman Boisselle. Is there any discussion relative to this order? Would you call the roll, please? Alderman Boisselle? Yes. Yes, Alderman Forbes? Yes. Yes, Alderman Lemmerman? Yes. Yes, Alderman Medeiros? Yes. Yes, Alderman Mortimer? Yes. Yes, Alderman Tramontozzi? Yes. Yes, Alderman Wright? Yes. Yes, Alderman Zwirko? Yes. Yes, President Kahn? Yes. Yes, nine yes. The order passes. Order number 2017-123, a transfer of funds in the amount of $637,366.19 from various accounts to various accounts as set forth within. Of these funds, 610,000 will be used to cover the snow and ice deficit, and the remaining $27,366.19 will be used

▶ 43:46 to cover departmental salary adjustments and police department expenses. appropriations committee voted to recommend this order for passage motion for passage mr. president second one removes for passage of order 2017 1 2 3 the motion is seconded by Alderman Boyce L is there discussion relative to this order if not could we call the roll please Alderman Boisselle yes yes Alderman Forbes yes yes Alderman Lemmerman yes yes Alderman Medeiros yes yes Alderman Mortimer yes yes Alderman Tramontozzi yes yes Solomon right yes yes problem is working yes he is president Conn yes yes nine yes that order passes motion pull ups at a point of personal privilege please I just want to say Bill Forbes scholarship is going to be dispersing or awarding

▶ 44:40 Scott M. Forbes: two scholarships to graduating seniors this year up to five thousand dollars apiece for more information please go on to Bill Forbes scholarship org for anybody who's watching at home it has all of the criteria on what you need to apply download the application package my cell phone number is on there in case you need to ask me any questions deadline for filing is soon it is May 1st 2017 again if you have any questions please contact myself or the website we appreciate everything the city has done for us and also the disabled and limbless Veterans Association for sponsoring and launching the scholarship So thank you very much. Thank you, Alderman Forbes. Motion to adjourn, Mr. President. Second.

▶ 45:23 Alderman Mortimer moves to adjourn. Seconded by Alderman Boisselle. All those in favor of adjournment, please indicate by saying aye. Aye. Aye. Is there anybody opposed to the motion? The motion passes. We are adjourned. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you.

City Council — 2017-04-24

Attendance

Agenda

Minutes

Transcript

Original documents